Part VII Control of Business Transfers

111 Sanction of the court for business transfer schemes.

(1)

This section sets out the conditions which must be satisfied before the court may make an order under this section sanctioning an insurance business transfer scheme F1a banking business transfer scheme F2 , a reclaim fund business transfer scheme or a ring-fencing transfer scheme .

(2)

The court must be satisfied that—

(a)

F3in the case of an insurance business transfer scheme or a banking business transfer scheme, the appropriate F4certificate has been obtained (as to which see Parts I and II of Schedule 12);

F5(aa)

in the case of a reclaim fund business transfer scheme, the appropriate certificate has been obtained (as to which see Part 2A of that Schedule);

F6(ab)

in the case of a ring-fencing transfer scheme, the appropriate certificates have been obtained (as to which see Part 2B of that Schedule);

(b)

the transferee has the authorisation required (if any) to enable the business, or part, which is to be transferred to be carried on in the place to which it is to be transferred (or will have it before the scheme takes effect).

(3)

The court must consider that, in all the circumstances of the case, it is appropriate to sanction the scheme.